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Matter of Corley

Court of Appeals of Ohio, Eighth District, Cuyahoga County
May 6, 1999
No. 76377 (Ohio Ct. App. May. 6, 1999)

Opinion

No. 76377

Date of Announcement of Decision: May 6, 1999

Character of Proceeding: HABEAS CORPUS

Judgment: DISMISSED

Appearances:

For Petitioner:

ALMETA A. JOHNSON, ESQ.

For Respondent:

WILLIAM D. MASON


Sua sponte, Complaint for a Writ of Habeas Corpus is dismissed for failure to comply with R.C. 2725.04(D) which requires that a copy of the commitment or cause of detention be submitted when applying for habeas relief or that a showing be made of the fact that a detention is without legal authority. State ex rel. Wynn v. McFaul(1998), 81 Ohio St.3d 193, 690 N.E.2d 7; Bloss v. Rogers(1992), 65 Ohio St.3d 145, 602 N.E.2d 602.

In addition, petitioner did not name as a respondent the person maintaining the alleged illegal custody over him and has failed to provide this court with a detailed affidavit in support of the complaint as required by Loc.App.R. 45(B)(1)(a). Again, dismissal is warranted. State ex rel. Mancini v. Dunning(Mar. 16, 1999), Cuyahoga App. No. 76129-30, unreported; State ex rel. Rolling v. State of Ohio(Dec. 21, 1998), Cuyahoga App. No. 75696, unreported.

Accordingly, case is dismissed. Costs to petitioner.

DYKE, J., and POCCO, J. CONCUR.

___________________________________ JAMES M. PORTER ADMINISTRATIVE JUDGE


Summaries of

Matter of Corley

Court of Appeals of Ohio, Eighth District, Cuyahoga County
May 6, 1999
No. 76377 (Ohio Ct. App. May. 6, 1999)
Case details for

Matter of Corley

Case Details

Full title:IN THE MATTER OF THE COMPLAINT FOR A WRIT OF HABEAS CORPUS FOR DAMIEN…

Court:Court of Appeals of Ohio, Eighth District, Cuyahoga County

Date published: May 6, 1999

Citations

No. 76377 (Ohio Ct. App. May. 6, 1999)

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